MANY people have the misconception that the Lasting Power of Attorney (LPA) is for seniors to make, but the reality is that no one knows when we may become mentally incapacitated, or – in the case of a will – when our time will be up.

This was what happened to David Tan (not his real name) who did not make an LPA and a will. David – now aged 50 – lost mental capacity after he suffered a stroke in March 2023. He has two sons, aged 13 and 15, who are under his ex-wife’s custody after he filed for a divorce against her in 2018.

Being mentally incapacitated means, in the LPA context, you cannot make decisions for yourself on matters relating to your property, finances and welfare. Such a situation could well result in you being in a state of limbo, as your next-of-kin may not be able to deal with matters relating to your properties, access bank accounts or make decisions on your behalf.

This is unless an application to the court is made by an interested party to be appointed as the mentally incapacitated patient’s deputy to manage his property, welfare and affairs, and to make decisions on his behalf.

In an unexpected twist, David’s ex-wife Lisa Lim (not her real name) applied to be his deputy under the Mental Capacity Act (MCA), which governs applications to be made for deputyship of a mentally incapacitated person’s estate.

In doing so, Lisa locked horns with David’s only sibling Diane Tan (not her real name), in a legal dispute that lasted more than two years. David’s parents are deceased. His assets are believed to include a private apartment, a car, insurance policies, bank accounts and Central Provident Fund savings.

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